NZ Metro TC 4 February 2012 – R 4 (instigating a protest)
ID: JCA14035
Meet Title:
NZ Metro TC - 4 February 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/02/04
Race Number:
R4
Decision:
The protest was upheld and ELUSIVE CHICK was relegated from 1st to 2nd.
Consequent upon the relegation, the amended result for the race is as follows:
1st 3 Dancing Diamonds
2nd 5 Elusive Chick
3rd 2 Carpenters Daughter
4th 13 Lively Kamwood
5th 4 Miss Lisa
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 4, PGG Wrightson NZ Yearling Sales No.20 3yo Fillies Championship, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against ELUSIVE CHICK (C J De Filippi), placed 1st by the judge, by DANCING DIAMONDS (B N Orange), placed 2nd by the judge, on the ground that “ELUSIVE CHICK ran outwards in the run home impeding the running of 2nd placed horse DANCING DIAMONDS”.
Mr De Filippi was present at the hearing of the information and he indicated that he was representing the connections of ELUSIVE CHICK at the protest hearing.
Also present at the hearing were Messrs P J Creighton and B J Whitelock, part-owners of DANCING DIAMONDS, Mr M Bowden, stable representative for Mr T G Butt, trainer of ELUSIVE CHICK, and Mr G A Ayers, part-owner of ELUSIVE CHICK.
Rule 869 provides as follows:
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses –
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The Passing Lanes, False Rails and Home Straight Regulations provide as follows:
(7) Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
(8) Failure to comply with [Clause 7 hereof] shall be deemed a breach of Rule 869 (4) of the NZ Rules of harness Racing in respect of which Rules 1003 and 869(8) apply.
Submissions for Decision:
Mr McIntyre had Mr N M Ydgren, Stipendiary Steward, show video replays of the final 200-300 metres of the race. Mr McIntyre said that ELUSIVE CHICK was leading the field upon entering the home straight. DANCING DIAMONDS was racing 3-wide behind the leader. As the field progressed down the straight, it was apparent that ELUSIVE CHICK was hanging outwards while Mr De Filippi continued to drive the horse out. At approximately the 100 metres mark, which could be seen on the outside of the track, DANCING DIAMONDS got to the outside of ELUSIVE CHICK’s wheel. Mr McIntyre then called Mr Orange to give evidence.
Mr Orange said that Mr De Filippi was on the running line turning in and he, Mr Orange, was 3-wide coming from behind him. As he progressed in a straight line, Mr De Filippi kept coming “further and further outwards”. Mr Orange showed on the video replay that he had to stop driving and move his cart across three times with his body, so as to avoid locking wheels, before getting going again. In the meantime, Mr De Filippi kept running out, Mr Orange said.
Mr Orange referred to the margin of half a head and said that he believed that ELUSIVE CHICK’s outward movement was such that it prevented him from passing that horse. He should have been entitled to a clear run home, Mr Orange said, but that had not occurred. Mr Orange pointed out the extent of ELUSIVE CHICK’s outward movement in the run home. Mr Orange submitted that he was forced to race “five horses wider” than he had been anticipating and he had been denied a fair opportunity of beating ELUSIVE CHICK. He said that he was 3-wide turning for home and, at the finish, 8-wide.
Mr De Filippi said that he did not deny that his horse had run out. He said that because he was “a couple of lengths clear” he allowed her to drift out a little. He was hitting her on the outside hoping she would straighten up. He submitted that most of the outward movement had been completed before Mr Orange had got to him. In the last 100 metres he had straightened his horse, she had run out a little after that but no more than half a cart width. Mr Orange had the whole length of the straight to get past him, Mr De Filippi submitted. Mr De Filippi agreed that Mr Orange was on the outside of him from the 100 metres. From that point, Mr De Filippi maintained that he had kept a straight course “within reason”. He conceded that he may have hampered Mr Orange slightly but Mr Orange had nevertheless had his chance. He was holding DANCING DIAMONDS near the finish. ELUSIVE CHICK had cost herself by running out, he said.
Mr Orange disputed that ELUSIVE CHICK had not run out in the final 100 metres and he showed the head-on video again. Mr De Filippi had not stopped driving ELUSIVE CHICK to straighten it, he said.
In conclusion, Mr McIntyre submitted that a horse is required to maintain a straight course to the line. From the 50 metres to the line, it was clear that DANCING DIAMONDS had been interfered with and it was for the Committee to determine whether its chances or progress were affected.
Mr De Filippi did not wish to add anything further.
Reasons for Decision:
The Committee had listened to the evidence and submissions of the parties and had carefully viewed the side-on, head-on and rear-on video replays that were shown to the hearing.
The first matter for the Committee to decide was whether ELUSIVE CHICK had caused interference to DANCING DIAMONDS in the home straight. Mr McIntyre submitted that it was clear that there had been interference. Mr Orange, driver of DANCING DIAMONDS, said that he had been forced some five horses wider in the run home as a consequence of the outward movement of ELUSIVE CHICK. Furthermore, he said, he had had to stop driving his horse in the final stages. This was borne out by the video replay and it was apparent that DANCING DIAMONDS lost some momentum as a result.
We found Mr De Filippi’s evidence that he had maintained a straight line over the final stages and that DANCING DIAMONDS had every opportunity to win the race to be unconvincing.
The margin between the two horses at the finish was, significantly, a half head. This was after ELUSIVE CHICK had shifted out and continued to do so in the home run as a result of which DANCING DIAMONDS had been forced over extra ground and had its rightful line obstructed by ELUSIVE CHICK. Mr Orange had to stop driving DANCING DIAMONDS and take evasive action. The Committee was clearly satisfied from all of the evidence that, but for the interference which we found took place, DANCING DIAMONDS would have beaten ELUSIVE CHICK. Therefore, the chances or progress of DANCING DIAMONDS were interfered with, which is the other matter that we had to be satisfied about before deciding whether to uphold the protest. We were so satisfied.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 8f452d1ad888d1f4f15a242a70bb2691
informantnumber: A1043
horsename: ELUSIVE CHICK
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/02/2012
hearing_title: NZ Metro TC 4 February 2012 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, PGG Wrightson NZ Yearling Sales No.20 3yo Fillies Championship, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against ELUSIVE CHICK (C J De Filippi), placed 1st by the judge, by DANCING DIAMONDS (B N Orange), placed 2nd by the judge, on the ground that “ELUSIVE CHICK ran outwards in the run home impeding the running of 2nd placed horse DANCING DIAMONDS”.
Mr De Filippi was present at the hearing of the information and he indicated that he was representing the connections of ELUSIVE CHICK at the protest hearing.
Also present at the hearing were Messrs P J Creighton and B J Whitelock, part-owners of DANCING DIAMONDS, Mr M Bowden, stable representative for Mr T G Butt, trainer of ELUSIVE CHICK, and Mr G A Ayers, part-owner of ELUSIVE CHICK.
Rule 869 provides as follows:
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses –
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The Passing Lanes, False Rails and Home Straight Regulations provide as follows:
(7) Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
(8) Failure to comply with [Clause 7 hereof] shall be deemed a breach of Rule 869 (4) of the NZ Rules of harness Racing in respect of which Rules 1003 and 869(8) apply.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre had Mr N M Ydgren, Stipendiary Steward, show video replays of the final 200-300 metres of the race. Mr McIntyre said that ELUSIVE CHICK was leading the field upon entering the home straight. DANCING DIAMONDS was racing 3-wide behind the leader. As the field progressed down the straight, it was apparent that ELUSIVE CHICK was hanging outwards while Mr De Filippi continued to drive the horse out. At approximately the 100 metres mark, which could be seen on the outside of the track, DANCING DIAMONDS got to the outside of ELUSIVE CHICK’s wheel. Mr McIntyre then called Mr Orange to give evidence.
Mr Orange said that Mr De Filippi was on the running line turning in and he, Mr Orange, was 3-wide coming from behind him. As he progressed in a straight line, Mr De Filippi kept coming “further and further outwards”. Mr Orange showed on the video replay that he had to stop driving and move his cart across three times with his body, so as to avoid locking wheels, before getting going again. In the meantime, Mr De Filippi kept running out, Mr Orange said.
Mr Orange referred to the margin of half a head and said that he believed that ELUSIVE CHICK’s outward movement was such that it prevented him from passing that horse. He should have been entitled to a clear run home, Mr Orange said, but that had not occurred. Mr Orange pointed out the extent of ELUSIVE CHICK’s outward movement in the run home. Mr Orange submitted that he was forced to race “five horses wider” than he had been anticipating and he had been denied a fair opportunity of beating ELUSIVE CHICK. He said that he was 3-wide turning for home and, at the finish, 8-wide.
Mr De Filippi said that he did not deny that his horse had run out. He said that because he was “a couple of lengths clear” he allowed her to drift out a little. He was hitting her on the outside hoping she would straighten up. He submitted that most of the outward movement had been completed before Mr Orange had got to him. In the last 100 metres he had straightened his horse, she had run out a little after that but no more than half a cart width. Mr Orange had the whole length of the straight to get past him, Mr De Filippi submitted. Mr De Filippi agreed that Mr Orange was on the outside of him from the 100 metres. From that point, Mr De Filippi maintained that he had kept a straight course “within reason”. He conceded that he may have hampered Mr Orange slightly but Mr Orange had nevertheless had his chance. He was holding DANCING DIAMONDS near the finish. ELUSIVE CHICK had cost herself by running out, he said.
Mr Orange disputed that ELUSIVE CHICK had not run out in the final 100 metres and he showed the head-on video again. Mr De Filippi had not stopped driving ELUSIVE CHICK to straighten it, he said.
In conclusion, Mr McIntyre submitted that a horse is required to maintain a straight course to the line. From the 50 metres to the line, it was clear that DANCING DIAMONDS had been interfered with and it was for the Committee to determine whether its chances or progress were affected.
Mr De Filippi did not wish to add anything further.
reasonsfordecision:
The Committee had listened to the evidence and submissions of the parties and had carefully viewed the side-on, head-on and rear-on video replays that were shown to the hearing.
The first matter for the Committee to decide was whether ELUSIVE CHICK had caused interference to DANCING DIAMONDS in the home straight. Mr McIntyre submitted that it was clear that there had been interference. Mr Orange, driver of DANCING DIAMONDS, said that he had been forced some five horses wider in the run home as a consequence of the outward movement of ELUSIVE CHICK. Furthermore, he said, he had had to stop driving his horse in the final stages. This was borne out by the video replay and it was apparent that DANCING DIAMONDS lost some momentum as a result.
We found Mr De Filippi’s evidence that he had maintained a straight line over the final stages and that DANCING DIAMONDS had every opportunity to win the race to be unconvincing.
The margin between the two horses at the finish was, significantly, a half head. This was after ELUSIVE CHICK had shifted out and continued to do so in the home run as a result of which DANCING DIAMONDS had been forced over extra ground and had its rightful line obstructed by ELUSIVE CHICK. Mr Orange had to stop driving DANCING DIAMONDS and take evasive action. The Committee was clearly satisfied from all of the evidence that, but for the interference which we found took place, DANCING DIAMONDS would have beaten ELUSIVE CHICK. Therefore, the chances or progress of DANCING DIAMONDS were interfered with, which is the other matter that we had to be satisfied about before deciding whether to uphold the protest. We were so satisfied.
Decision:
The protest was upheld and ELUSIVE CHICK was relegated from 1st to 2nd.
Consequent upon the relegation, the amended result for the race is as follows:
1st 3 Dancing Diamonds
2nd 5 Elusive Chick
3rd 2 Carpenters Daughter
4th 13 Lively Kamwood
5th 4 Miss Lisa
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P J Creighton - Part-owner of DANCING DIAMONDS, Mr B J Whitelock - Part-owner of DANCING DIAMONDS, Mr M Bowden - Stable representative for Mr T G Butt (Trainer of ELUSIVE CHICK), Mr G A Ayers - Part-owner of ELUSIVE CHICK
Respondent: Mr C J De Filippi - Licensed Open Horseman, Mr B N Orange - Driver of DANCING DIAMONDS
StipendSteward:
raceid: 7c1c4df2ea2476e05fbe8ef5828248d0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 894a35495bb41da3dfde22bba2fe4802
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2012
meet_title: NZ Metro TC - 4 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC